About 8 years provision for DIC

[Song]

After my husband passed away, he obtained 100% disability and no compensation. The question is 

surviving spouse benefits added amounts , one is 8 years provision, but after my husband passed away, he obtained 100% disability service-con, so if that means he hadn’t a disability rating of totally disability for at least the 8 full years up to his death?  Or if have  some special way calculate the 8 years ?  So I can quality for this 8 years provision benefits. Thanks 

[asdf]

It will depend on the effective date he was awarded the 100%.  Even though he was granted it after his death the date could still be 10years ago.  

[broncovet]

It also depends on cause of death.  "If" he died of a service connected condition, you need not wait 10 years.  You should be able to get DIC right away.  

Sometimes it takes an autopsy to determine cause of death.  Unfortunately many widows do not get an autopsy, so the cause of death may be questionable.  

[john999]

Does it matter if your survivor get DIC on the 10 year rule or due to SC condition?

[broncovet]

I dont think it matters, John.  Your survivor can get DIC if you die of a SC condition OR  if you die of any condition if you have been 100 percent for 10 years.  (based on effective date). 

But, see if this applies to you:

https://www.va.gov/resources/the-pact-act-and-your-va-benefits/#information-for-survivors

Edited October 14, 2022 by broncovet